The field sobriety tests are a critical component to the DUI arrest and investigation process. The following information is an excerpt from the upcoming book, "The DUI Handbook for the Accused, Vol. II." This valuable book is due out in March, 2011 and is the most thorough and complete DUI resource for the accused in the United States. Please check back for an announcment as to its availability. It will be avialble in over 100 online bookstores in including amazon.com and barnesandnoble.com.
Walk and Turn
The walk and turn test is a "divided attention" test that is designed to determine the subject's balance, listening skills, and ability to follow instructions. In this test the participant stands in a heel-to-toe fashion with arms at their sides while a series of instructions are given by the officer. Following the instructional phase the suspect must then take nine heel-to-toe steps along a line, turn in a prescribed manner, and then take another nine heel-to-toe steps back along the line. All of this must be done while counting the steps aloud and keeping the arms at the sides. The individual is informed not to stop walking until the test is completed.
NHTSA warns the officer that this test requires a "designated straight line and should be conducted on a reasonably dry, hard, level, non-slippery surface." DWI Detection and Standardized Field Sobriety Testing, Student Manual. NHTSA; U.S. Department of Transportation. HS 178 R2/00, Page VIII-12 (2000) Additionly, the officer is informed in the manual that original research indicated that individuals over the age of 65, and those with back, leg or middle ear problems had difficulty performing the test. Subjects wearing heels more than 2 inches high should be given the opportunity to remove their shoes. Id. Over the years however, some of the original instructions and provided information has been deleted from subsequent student manuals.
Administrative Procecures
1. Instructions Stage: Initial Positioning and Verbal Instructions
For standardization in the performance of this test, have the suspect assume the heel-to-toe stance by giving the following verbal instructions, accompanied by demonstrations:
• "Place your left foot on the line" (real or imaginary). Demonstrate.
• "Place your right foot on the line ahead of the left foot, with heel of right foot against toe of left foot." Demonstrate.
• "Place your arms down at your sides." Demonstrate.
•"Maintain this position until I have completed the instructions. Do not start to walk until told to do so."
• "Do you understand the instructions so far?" (Make sure suspect indicates understanding.)
2. Demonstrations and Instructions for the Walking Stage
Explain the test requirements, using the following verbal instructions, accompanied by demonstrations:
• "When I tell you to start, take nine heel-to-toe steps, turn, and take nine heel-to-toe steps back." (Demonstrate 3 heel-to-toe steps.)
• "When you turn, keep the front foot on the line, and turn by taking a series of small steps with the other foot, like this." (Demonstrate).
• "While you are walking, keep your arms at your sides, watch your feet at all times, and count your steps out loud."
• "Once you start walking, don't stop until you have completed the test."
• "Do you understand the instructions?" (Make sure suspect understands.)
• "Begin, and count your first step from the heel-to-toe position as 'One.'"
Test Interpretation
According to NHTSA the Walk and Turn test has a maximum of eight clues that are graded and observed by law enforcement. Two clues apply during the "instructional stage" that occurs while the suspect is standing heel-to-toe and listening to the instructions:
•One clue that is observed by the officer is whether the subject fails to keep balance (i.e. suspect breaks away from the heel-to-toe stance). Swaying or using arms for balance is not considered a clue at this point; and
•The second clue observed by an officer prior to the walking stage is whether the subject starts walking too soon (i.e. suspect starts walking before you say "begin").
The remaining six validated clues occur during the walking stage of the test. They are follows:
•Stops walking (i.e. the subject pauses for several seconds).
•Misses heel-to-toe (i.e. more than 1/2 inch gap).
•Steps off the line (i.e. the foot must be entirely off the line).
•Raises the arms while walking (i.e. more than 6 inches).
•Takes the wrong number of steps.
•Turns improperly.
According to NHTSA two or more clues out of a possible eight indicate that the suspect's BAC as above a 0.10%. NHTSA generalizes this finding and does not note a difference in an individual regarding the finding of 2 or 8 clues. [NHTSA, U.S. Department of Transportation, HS 178 R2/06, DWI Detection and Standardized Field Sobriety Testing, Student Manual (2006), p. VIII-9-11]
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